M C MEHTA II Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) BY our judgment dated 22/09/1987 in M. C. Mehta v. Union of India we issued certain directions with regard to the industries in which the business of tanning was being carried on at Jajmau near Kanpur on the banks of the river Ganga. On that occasion we directed that the case in respect of the municipal bodies and the industries which were responsible for the pollution of the water in the river Ganga would be taken up for consideration on the next date of hearing. Accordingly, we took up for consideration first the case against the municipal bodies. Since it was found that Kanpur was one of the biggest cities on the banks of the river Ganga, we took up for consideration the case in respect of the Kanpur Nagar Mahapalika.

(3.) THE above provisions deal with the specific duties of the Nagar Mahapalika or the Mukhya Nagar Adhikari appointed under he Adhiniyam with regard to the disposal of sewage and protection of the environment in or around the city to which the Adhiniyam applies. THEre are almost similar provisions in S. 7, 189, 191 and other provisions of the Uttar Pradesh Municipalities Act, 1916 which applies to the smaller municipal bodies. THE Uttar Pradesh Water Supply and Sewerage Act, 1975 imposes statutory duties on the authorities mentioned therein regarding the provision of water supply to the cities and towns and construction of sewerage systems in them. THE perusal of these provisions in the laws governing the local bodies shows that the Nagar Mahapalikas and the Municipal Boards are primarily responsible for the maintenance of cleanliness in the areas under their jurisdiction and the protection of their environment. We have, in the judgment delivered by us on 22/09/1987, briefly referred to the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 478 of 1974) (hereinafter referred to as 'the Water Act') in which provisions have been made for the establishment of the Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. In the Water Act the expressions 'Pollution'. 'sewage efliuent', 'sewer', 'stream' and 'trade effluent' are dcfined as follows: